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<br />Division Colorado Division of Minerals and Geology <br />• NPDES National Pollution Discharge Elimination System <br />NRCS U.S. Natural Resources Conservation Service <br />OSM, OSMRE U.S. Department of the Interior, Office of Surface Mining Reclamation and <br />Enforcement <br />Owner Colowyo Coal Company L.P. <br />Permittee Colowyo Coal Company L.P. <br />Rules Act and the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining, CRS 34-33-101 et seq., and 2 CCR 407-2 <br />I. SUMMARY OF THE REVIEW PROCESS <br />Bond releases are initiated by an Operator of a coal mine in the form of an application. The <br />application requires a number of actions of the Operator, including public notice of the application. <br />Upon receipt of an application, the Division reviews the application for completeness; i.e., <br />compliance with the actions required to be taken within an application. Subsequent to a <br />determination that an application is complete, the Division conducts an on-site inspection and <br />evaluation of the reclaimed site. This inspection may occur within thirty days of the Application <br />being found complete, weather permitting. Surface owners, Office of Surface Mining (OSM), and <br />other interested parties may participate in the inspection. The Division considers information <br />gained from the inspection, public and agency comments, previous inspections, information <br />presented in the application, and information within Permit files, and develops a Findings of <br />Compliance document that summarizes the degree of <br />compliance with the Rules associated with the release. Based on the Findings of Compliance, a <br />Proposed Decision is issued. The Proposed Decision is made available to the public and interested <br />agencies for 60 days. If uncontested, the proposed decision becomes final. If the proposed decision <br />is to grant the bond release, bond release actions are processed. If contested; a due process is <br />engaged to determine the fate of the application. <br />Detailed information about the procedures and review process for bond releases can be found in <br />the Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining <br />(Rules). All Rules referenced within this document are contained within the Regulations. Detailed <br />information about the mining and reclamation operations can be found in the permit application <br />on file at the Division offices, located at 1313 Sherman Street, Room 215, in Denver, Colorado. <br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE <br />A. Rule 3.03.1(1) Release Criteria and Schedule <br />The Division, or the Board where an adjudicatory hearing is held, shall release a performance bond, <br />in whole or in part, when it is satisfied the reclamation covered by the bond or portion thereof has been <br />accomplished as required, and according to the schedules set forth, in the Rules. <br />7 Apri127, 1998 <br />